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30 Jul 2018

My H1B extension was denied and my I-94 has since expired. My employer is filing an appeal. What will my status now be?

Answer An appeal does NOT grant you any status. You may be unlawfully present during this time period, which can have very serious consequences. You should consult an attorney immediately. (30.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

15:10 / FAQs / For Individuals / Worker
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30 Jul 2018

My labor cert was approved, but then my I-140 was denied. Can we retain priority date based from the labor cert?

Answer To retain the priority date, an I-140 based on the LC must be approved. It may be possible to re-file the I-140 using the existing labor cert, if the problem can be "fixed" (i.e. if the problem was with the I-140 filing, as opposed to...

15:10 / Employment Based / FAQs / For Employers / For Individuals / Resident
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30 Jul 2018

My H1B extension is currently pending. If it is denied, can I leave and then come on my B-1/B-2 visa stamp?

Answer One potentially could travel and reenter on another valid visa "stamp." However, there are some complex legal issues here, if one has become unlawfully present based on the extension denial (i.e. potential automatic revocation of the visa stamp). Further, the U.S. Customs and Border Protection...

15:03 / FAQs / For Individuals / Travel / Visitor / Worker
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30 Jul 2018

NewsFlash! USCIS Delays Implementation of NTA Memo

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced a delay in the implementation of the June 28, 2018 memorandum expanding the situations in which a foreign national is to be issued a notice to appear (NTA).The NTA memo initially called for the USCIS...

14:28 / Citizen / For Employers / NewsBrief / Resident / Student / USCIS News / Worker
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30 Jul 2018

MurthyAudio: CBP and Travel Issues for Employees

This teleconference, which aired July 11, 2018, provides an overview of immigration issues related to employees traveling to the United States from abroad. Discussed are situations employees may face, including extreme vetting, visa processing, and what happens during the immigration inspection process by U.S. Customs...

13:16 / For Employers / For Individuals / Homeland Security / MurthyAudio / Travel
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27 Jul 2018

USCIS Memo on Denying Cases Without RFE / NOID

On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum that increases the discretion of USCIS adjudicators to deny applications, petitions, or requests for immigration benefits without first issuing a request for evidence (RFE) or a notice of intent to deny...

13:06 / Citizen / For Employers / For Individuals / NewsBrief / Resident / Student / Worker
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25 Jul 2018

USCIS Taskforce Aims to Denaturalize Those Who Used Fraud to Obtain U.S. Citizenship

The U.S. Citizenship and Immigration Services (USCIS) is opening an office in Los Angeles, California, that will be tasked with searching for people who committed fraud in order to obtain U.S. citizenship. The office then may initiate denaturalization proceedings against such individuals in federal court....

08:18 / Citizen / For Individuals / NewsBrief / USCIS News
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23 Jul 2018

How safe is it for an aged out child who is on F-1 to move to OPT?

Answer There is no inherent problem with pursuing OPT, assuming that one follows the rules. It is important to discuss all proposed OPT employment with one's designated school official (DSO), to make sure that one is compliant with the requirements. (23.Jul.2018)In frequent sessions of our Chat,...

10:38 / FAQs / For Families / For Individuals / Immigrant Family / Student / Worker
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23 Jul 2018

I’m on H1B and my I-94 expires in 2020. If my pending H1B amendment is denied, will that impact my current I-94?

Answer One normally could continue to work pursuant to the original H1B petition until it expires, assuming that this employment is still available. The one exception would be if the USCIS made a negative "status" determination in the amendment denial, which generally would not be the...

10:34 / FAQs / For Employers / For Individuals / Worker
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23 Jul 2018

My visitor visa expires in two months. Can I use it to travel to the U.S.?

Answer Yes, a B-2 (or B-1/B-2) visa "stamp" is just an entry document. It need only be valid at the time that one applies for admission to the United States. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

10:32 / FAQs / For Individuals / Visitor
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Owings Mills, MD 21117 USA
410.356.5440

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Jacksonville, USA:  410.356.5440

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